PIARA SINGH Vs. GURMUKH SINGH

JUDGEMENT

(1.) Gurmukh Singh filed a suit for possession of the shop, fully described in the plaint, against Piara Singh, defendant on the plea that he had purchased it from the Rehabilitation Department in a public auction and that Piara Singh was in wrongful possession thereof. The defendant contested the suit and submitted that in fact he had purchased the disputed shop benami in the name of the plaintiff as he owned the adjoining premises to which there was no other access except from the shop in dispute. He further contended that he has been in possession of this shop as a tenant under the Custodian and as such his possession therein is not wrongful. He pleaded that by his act and conduct the plaintiff was estopped from denying his ownership of the disputed shop and the use of passage to his adjoining premises from this shop.

(2.) The learned trial Court held that the defendant han failed to prove that he had purchased the disputed shop benami in plaintiff's name and also his possession therein as a tenant under the Custodian prior to its transfer in plaintiff's favour. Defendant's contention regarding estoppel was also repelled. Consequently, the plaintiff's suit for possession was decreed.

(3.) The defendant's first appeal against the decree and judgment of the trial Court was dismissed by the Additional District Judge, Gurdaspur. He has filed the instant second appeal against the judgment of the first appellate Court.